By Jerry Uwah
Lagos
A Federal High Court in Lagos on Tuesday restrained President Goodluck Jonathan from assenting to the bill for an Act to amend the Oil and Gas Export Free Zone Act.
This followed a motion ex-parte, filed in a suit before the court by Professor Olanrewaju Fagboungbe, on behalf of Nigerdock Nigeria Limited, Simco Free Zone Company and Nigerdock Nigeria Plc-FZE.
Justice Saliu Saidu who issued the order, also restrained the National Assembly, the Clerk of the National Assembly, the Attorney-General of the Federation, Minister of Industry, Trade and Investment, the Minister of Transport, and the Nigeria Ports Authority.
In an affidavit sworn to by Yussufu Abdulahi, a director of Simco Free Zone Company, the deponent averred that Nigerdock Nigeria Limited was a promoter of Snake Island Integrated Free Zone, SIIFZ, and that the Simco was a company saddle with the responsibility to develop, market, manage, operate, and administer SIIFZ.
The deponent averred that SIIFZ was approved as privately owned and managed Free Zone by Presidential declaration in January 2005, and was duly licensed by the Nigeria Export Processing Zones Authority, NEPZA, in April 2005.
Abdullahi also averred that at that privatization, one of the covenants was that the federal government as beneficial owner of Nigerdock Nigeria Limited to the core investor who purchased the federal government shares in Nigerdock Nigeria Limited, the federal government shall take all necessary steps to co-operate fully with the purchaser to ensure that the purchaser obtains all benefits under Nigerian Law as a strategic Core investor in the company.
He averred that in November 2014, the plaintiffs became aware that a Bill for An Act to Amend the Oil and Gas Export Free Zone Authority Act, Cap. 05, Laws of the Federation of Nigeria, has been presented to the Senate of the national Assembly. And that the plaintiffs were not invited to the Public hearing that the Senate of the National Assembly had in respect of the Bill.
He stated that the Bill did not define what constitute “oil and gas related cargoes”. And that this will give room to situations where cargoes intended for SIIFZ are wrongly classified as oil and gas related cargoes.
The deponent further averred that, it was a known fact that a total of 24 ports were concessioned to private investors, with 14 and 10 in the western and eastern zones of Nigeria Ports Authority respectively. and that only one of the port Concessionaires, Integrated Logistiy Services Limited, INTELS, operates in Warri, Onne and Calabar ports. It stressed that the amendment proposed in Section 10 will confer a right of monopoly only in INTELS, which he said will be to the deterrent of other port Concessionaires and free Zones.
However, Justice Saliu Saidu adjourned hearing on the main suit till May 26, 2015.
